Defence of mental impairment
43C Defence of mental impairment
(1) The defence of mental impairment is established if the court finds that a person charged with an offence was, at the time of carrying out the conduct constituting the offence, suffering from a mental impairment and as a consequence of that impairment:
he or she did not know the nature and quality of the conduct;
(b) he or she did not know that the conduct was wrong (that is he or she could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong); or
he or she was not able to control his or her actions.
(2) If the defence of mental impairment is established, the person must be found not guilty because of mental impairment.
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